Surviving the death of a spouse is difficult and emotionally challenging. Suddenly the person left behind is plunged into a world both unfamiliar and frightening. It’s also a world filled with uncertainty, especially if no will guides the disbursement of the house and other property left behind.

People often assume that a bereaved spouse inherits everything — including the house — when their spouse dies, whether there’s a will stating that or not. But that’s not necessarily the case. Without a will, intestate succession laws kick in. These laws vary from state to state, so it’s important to learn how they work in your state — before you need the information.

If you’ve recently lost a spouse and are wondering whether you’ll get to stay in your home or not, call Kansas City Legacy Properties for guidance. Having someone on your side alleviates the feeling of isolation that’s often associated with this difficult time.

What is Intestate Property?

Intestate property is property that is owned by a person but is not committed in a will prior to the person’s death. When the owner of the property passes away, this property is distributed to survivors through a will created by the state for this purpose. This intestate will often differs dramatically from what the deceased would have wanted to happen with their residence. In some cases, a surviving spouse may find themselves left behind without a home or quibbling with descendants over what to do with the house.

Intestate Succession in Kansas and Missouri

In Kansas, when your spouse dies without a will, your inheritance depends on whether or not your spouse has descendants. If descendants are involved, you’ll inherit half the estate; the other half goes to the descendants. This means you could end up owning only half the house you’ve been living in for years.

Conversely, if your spouse has no descendants, you inherit everything, including the house. This is a much more secure position to be in. There’s comfort in knowing you don’t have to move right away if you don’t want to.

In Missouri, the rules are a little different. When someone dies without a will, the surviving spouse’s inheritance depends on a couple of things.

1. Whether the surviving spouse and the deceased have descendants together
2. Whether the deceased has descendants not related to the surviving spouse

In the first instance, you would inherit the first $20,000 of the intestate property plus half of the remaining balance of the property. In the second instance, you only inherit half the intestate property. Again, you may end up owning only half of your house.

Planning Ahead is the Best Course

Of course, the best way to ensure that property is dispersed according to one’s wants and needs is to have a will or trust in place before you pass on. Taking this step ahead of time eases the path for those left behind. Sadly, many people die without having a will in place, leading to heartache and confusion for surviving spouses.

Kansas City Legacy Properties — Inherited Real Estate Consultants

Kansas City Legacy Properties serves as an advocate when it comes to inherited property. We help with all aspects of the issue, from planning what to do with the home to coordinating the clearing out of personal property. We understand how challenging this situation is. We’re with you every step of the way.

If you’ve recently lost a spouse and are wondering what to do about the house, let us lend a hand. We’ll help ensure that your needs are met and your interests protected as you work through this trying time. And we’ll take as much of the stress out of the process as possible. Call Kansas City Legacy Properties to schedule a consultation today.